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Did the U.S. 2005 Bankruptcy Reform cause the world financial collapse?

by NBBooks Tue Dec 2nd, 2008 at 02:29:16 AM EST

Did the 2005 Bankruptcy "Reform" cause the world financial collapse?

Federal Reserve Bank of New York Staff Report No. 358 - Seismic Effects of the Bankruptcy Reform.

Remember the Bankruptcy Abuse [sic] Reform act of 2005? Yeah, the one that the credit card companies and banks got passed by buying the very best Congress money can buy. Turns out, according to the New York Fed's research, that since people going bankrupt after the BAR found it more difficult to stop paying their unsecured debts - i.e. credit cards - they were forced to stop paying their mortgages instead. Over 120,000 of them a year, according to the NY Fed researchers.


Hmm, Citibank:  that is one of the biggest credit card issuers around, right? So, lezzee here.  Citi went and bought itself a new bankruptcy bill in 2005. One result was that, (let's give `em a break and multiply two years instead of three) a quarter of a million people had to default on their mortgages. That in turn caused a crisis in U.S. sub-prime mortgages. That in turn blew up the whole damn world financial system. And now, Citi is getting $308 billion in our money to save its sorry ass?!?

This would be effing hilarious if it weren't destroying so many peoples' lives at this point.

Seriously, I'm pretty sick and tired of people whining and screaming when I argue that we need to Euthanize Wall Street to save the economy, and that we need to keep the friends of Citi director Robert Rubin, like Larry Summers and Timothy Geithner, as far away from President Obama as we can.

OK, so that's my rant. Here's some excepts from the last month's Federal Reserve Bank of New York Staff Report No. 358, , Seismic Effects of the Bankruptcy Reform.

We argue that the 2005 bankruptcy abuse reform (BAR) contributed to the surge in subprime foreclosures that followed its passage. Before BAR, distressed mortgagors could free up income by filing bankruptcy and having their unsecured debts discharged. BAR blocks that maneuver for better-off filers by way of a means test.

SNIP

Our specific argument is that the bankruptcy abuse reform (BAR) contributed to the surge in subprime foreclosures by shifting risk from credit card lenders to mortgage lenders. Before BAR, any household could file Ch. 7 bankruptcy and have credit cards and other unsecured debts discharged. Sidestepping unsecured debts left more income to pay the mortgage. BAR blocked that maneuver by way of a means test that forces better-off households who demand bankruptcy to file Ch. 13, where they must continue paying unsecured lenders. When the means test binds, cash constrained mortgagors who might have saved their home by filing Ch. 7 are more likely to face foreclosure.

SNIP

The estimated impact of BAR on subprime foreclosures is substantial. For a state with average home equity exemption, the average subprime foreclosure rate over the seven quarters after BAR was 12.6 percent higher than the average subprime foreclosure rate over all states over the period  before BAR. This translates to just over 32,000 more subprime foreclosures nationwide per  quarter due to BAR.


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But not a primary cause. The primary cause is criminality made possible in the US (nay, actually made legal!) by neo-liberal deregulation.

People got fleeced, that's pretty much the long and short of it. And, in fact, we don't yet know just how fleeced they got.

And, we still don't know who'll be the last one holding the bag of shit, before the American taxpayer finally takes and eats it, at its government's behest of course.

The Hun is always either at your throat or at your feet. Winston Churchill

by r------ on Tue Dec 2nd, 2008 at 05:00:30 AM EST
 criminality made possible in the US (nay, actually made legal!)
Due to the inherent competetive pressures for quarterly results, it was arguably made mandatory in a manner Thos. Gresham would understand.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Dec 2nd, 2008 at 11:21:45 AM EST
[ Parent ]
the level of buying the legislature, then the "economic pressure" does indeed become inevitable--and so does the collapse.  

That is, once short-term thinking breaks long-term controls essential for stability, your trajectory is purely ballistic, no further guidance can happen.  And that path is not level flight, but a course of sure destruction.  

The Fates are kind.

by Gaianne on Wed Dec 3rd, 2008 at 05:56:23 PM EST
[ Parent ]
I hear another version, that the Bankruptcy Reform kicked the subprime lending into entirely other level, encouraging the lenders. Does the timing of peak in ARM contracts indeed coincide? Were lenders expecting that people won't be able to go bankrupt no matter how absurd is their debt?

 

by das monde on Tue Dec 2nd, 2008 at 07:21:00 AM EST
they were all playing a 'system', like casino cheats.

a system that only works until the casino realises.

so you drug the croupiers...

well the drug went and wore off...

and now they get to keep the loot. and the croupiers are headhunted to go to china, who have a censored media, so will find a public that's gullible enough to get enron-ed.

nice work if you can get it..

'The history of public debt is full of irony. It rarely follows our ideas of order and justice.' Thomas Piketty

by melo (melometa4(at)gmail.com) on Tue Dec 2nd, 2008 at 09:21:38 AM EST
[ Parent ]
 I'm pretty sick and tired of people whining and screaming when I argue that we need to Euthanize Wall Street to save the economy

Your fine earlier diary did receive support and there are those who have only been more convinced of the necessity of that solution as events have unfolded.  See my most recent diary.  (I am posting from a public computer in a hotel and find embedding links difficult, so click on my username and then on diaries.)  Also see many of the fine diaries by Chris Cook, who is proposing alternative means of economic organization.

I believe there are others who are coming to agree, but would find it impolitic to publicly so declare due to reasons associated with employment, etc.  What is needed is to demystify the whole problem of banking and money.  If more people understood what is happening there could be popular fury that would demand euthanesia.  This is especially true, if, as I believe, trying to save Wall Street from itself is not really possible.  People must come to understand that there is is a choice of the allocation of scarce resources to different competing ends--Wall Street or everyone else.  It would be most fitting if such a realization was the undoing of these evil clowns.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Dec 2nd, 2008 at 11:45:55 AM EST
The Motley Fool:  http://tinyurl.com/6zcduo
Be a Good Sport: Cancel the Contract

But with all of the tenuous relationships that do exist between corporations and their celebrity endorsers, no one should be surprised by the chutzpah at Citigroup (NYSE: C), which decided not to back out of its $400 million contract to call the new stadium for the New York Mets "Citi Field," despite needing tens of billions of dollars from taxpayers to stay afloat.

Although TMF has to be taken with a pound of salt, the gist of the article is sound.

Our knowledge has surpassed our wisdom. -Charu Saxena.

by metavision on Wed Dec 3rd, 2008 at 04:14:11 PM EST
The deliberate destruction of he US economy was a far more well planned and executed operation than 911 was.
It was and continues to be a multi-faceted myriad of smaller operations occuring in sync pointing toward engineered planning and design.
by Lasthorseman on Wed Dec 3rd, 2008 at 07:35:26 PM EST


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